Personal Property
3 min read
Fiduciary vs. Trustee: Which One Do You Actually Need?
Personal Property
How to Find out if a Will Exists: A Full Guide
Get the legal advice you need without the hourly legal fees
Editor's note: This post was originally published on December 10, 2021, and has been updated for accuracy, comprehensiveness, and freshness on April 24, 2026.
Whether you’re named in someone’s Will, believe you may have been left out of one, or are trying to settle an estate, knowing how to find out if a Will exists is an important first step.
This guide explains where Wills are kept, how to search for them, and what to do if you can’t find one.
Where are Wills typically stored?
Most people keep their Wills in one of the following places:
- With their estate planning attorney
- In a safe or lockbox at home
- In a safe deposit box at a bank
- With a trusted family member or executor
- In a will registry (some states offer these)
The challenge is that there’s no universal database of Wills. A Will only becomes part of the public record after it’s filed with a probate court.
How to find a Will after someone dies
If someone has recently passed away and you believe they had a Will, here are the steps to follow:
1. Check with the deceased’s attorney
If you know (or can find out) who the person’s estate planning attorney was, contact that office. The attorney may hold the original Will or know where it is.
2. Search the home and personal files
Wills are often kept in a home file cabinet, safe, or with other important documents. Look for files labeled “estate planning,” “legal documents,” or “Will.”
3. Check for a safe deposit box
If the deceased had a safe deposit box, it may contain the original Will. In many states, you can access a deceased person’s safe deposit box specifically to retrieve a Will even without full estate authority.
4. Search probate court records
If probate has already been opened, the will may be on file at the probate court in the county where the deceased lived. Many courts have online search tools or will allow you to search records in person.
5. Check Will registries
Some states and private organizations maintain Will registries. The U.S. Will Registry allows you to search for a missing will and connects you with attorneys who can assist if the will isn’t found.
What if you can’t find a Will?
If you’ve exhausted your search and can’t locate a Will, the estate will likely be distributed according to the state’s intestacy laws—the default rules that apply when someone dies without a valid Will. This may not match what the deceased would have wanted.
If you believe a Will exists but is being withheld, an attorney can help you pursue legal options to compel its production.
How LegalShield can help
Navigating estate matters after a loved one’s death can be legally complex. A LegalShield Membership connects you with a provider lawyer who can help you search for a Will, understand probate procedures, and protect your rights as a potential beneficiary.
Explore LegalShield’s estate planning resources to learn more.
Frequently Asked Questions
To find a physical copy of a deceased’s Will, check the deceased person’s home, office, filing cabinets, safes, or safe deposit boxes.
You may also be able to get a physical copy of a Will through the probate court, the deceased’s lawyer, or the executor of the deceased’s estate.
There are several ways you can search for a Will online. You could check the U.S. Will Registry to see if the deceased has registered where to find a copy. You could also search the probate court’s website, if possible. Finally, you could see if the deceased has a digital copy on their computer or in the cloud.
Typically, if someone left you something in a Will, their executor or lawyer will contact you. If you don’t hear anything and want to check yourself, you could reach out to them, the deceased’s family, or the probate court.
Someone could hide a Will from you after a deceased’s death, but doing so is usually illegal. In most states, it’s against the law to withhold an original Will from the probate court.
Illegally hiding a Will could lead to criminal liability or a civil lawsuit. It could also cause the person who hid it to be barred from receiving an inheritance.
Once you've located the will, the next question is usually when probate is required for an estate — not all assets have to go through the court process, even with a valid will.
If you are the executor, your first official step is to understand how to get letters of testamentary — the court-issued document that gives you legal authority to manage the estate's assets. Once you have legal authority to act, you'll typically need to set up an estate account — a dedicated bank account for the estate's assets and expenses during the administration process."
Get the Answers You Need, When You Need Them
Author
Elyse Dillard
Content Specialist at LegalShield
Content Specialist at LegalShield, creating educational resources about legal and consumer protection topics. She focuses on making complex legal and financial concepts accessible to readers and has contributed to various educational articles on consumer rights and protections.
Related articles
Personal Property
9 min read
Revocable vs. Irrevocable Trust: Which Is Right for You?
A Revocable vs. Irrevocable Trust comes down to one trade-off: control versus protection. Revocable lets you stay in the driver's seat. Irrevocable moves your assets somewhere creditors and estate taxes can't easily reach.
Personal Property
7 min read
How to Handle a Partition Action When You and a Co-Owner Can't Agree
A partition action can help give you a path forward when you just can’t agree with a property co-owner — even if you’ve reached a stalemate.
Personal Property
5 min read
How to Update a Will and Why You Shouldn't Do It Without a Lawyer
A mistake in your Will could leave your loved ones facing legal issues during one of the hardest moments in their lives. We’ll explain how to update a Will, and why it’s best to do so with legal help.
Personal Property
6 min read
How To Settle an Estate With a Will: A 7 Step Guide
Estate settlement involves managing a deceased person's finances. As the executor, you'll pay their legal debts and distribute their assets to the people they named.
